How JustAnswer Works:

Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.

Get a Professional Answer

Via email, text message, or notification as you wait on our site.Ask follow up questions if you need to.

100% Satisfaction Guarantee

Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser, Lawyer

Category: California Employment Law

Satisfied Customers: 35214

Experience: Retired (mostly)

10097515

Type Your California Employment Law Question Here...

socrateaser is online now

I dont feel that this was fair due to my work all year and I had no time to take any

Resolved Question:

I don't feel that this was fair due to my work all year and I had no time to take any action to improve my behavior. This also has cause undo stress on me in fear if this manager wants to report again I would be unable to defend myself because they would use as a pattern against me. I have been with them for 13.5 years and never had anything put in my file! I am a caregiver for my mother & brother and cannot lose my job!

Based on this complain that happened two weeks prior to my year end review my performance rating was dropped and my pay raise is based on the rating so I was put in for a rating of AE (above Expectation) which come with a min of 3-4% raise. I got dropped down to a ME (meets expectation) bases on this complain but if you were to read my review it was written prior to this incident and the language is consistently exceeds in most areas. Again I received nothing in writing for the complaint just a conversation about what I was going to do differently going forward. Can they Chang my performance rating just like that.

Yes, I think it's more than possible -- I think it's happening. Employers are notorious for starting to lean on older employees by downgrading their performance and then terminating them as they get older.

I realize that you need your job, so I'm not going to tell you to start raising hell immediately. But, if it were me, I might casually drop a hint that, "It feels to me like you're looking for an excuse to get rid of me, because I'm not young and cool enough any longer." You could write a rebuttal to HR and ask that it be added to your personnel file.

Then, see what the reaction is. If everyone starts walking on eggshells, then you'll know that it may be time to file a complaint with the Department of Fair Employment and Housing (DFEH).

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!Gary B.Edmond, OK

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. TonyApopka, FL

Ask a California Employment Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.

118 California Employment Lawyers are Online Now

Type Your California Employment Law Question Here...

characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).